Form 5472 for a foreign-owned LLC, explained
Form 5472 lists a foreign-owned LLC's transactions with its owner and related parties for the year. A single-member LLC files it attached to a pro forma Form 1120, by fax or mail, by the Form 1120 due date — 15 April for a calendar year — or later with a Form 7004 extension.
By Danilson Ramos · Founder, Atamatax
Updated
What goes on the two forms
- Pro forma Form 1120 — the LLC's name, address and two identifying items; “Foreign-owned U.S. DE” across the top.
- Form 5472, the LLC — its identification, its tax year and the totals of the reportable transactions.
- Form 5472, the owner — the direct and ultimate foreign owners: name, address, country, and a foreign tax ID if there is one (“None” or “N/A” if not).
- Form 5472, the transactions — amounts by type, with contributions, distributions and formation or disposition amounts described on an attached statement.
Which transactions are reported — a synthetic example
A made-up LLC, formed in January by one owner who lives abroad. Not a real client.
| Transaction | What happened | On Form 5472? |
|---|---|---|
| Contribution | The owner wires $2,400 to open the bank account and pay the first invoices | Reported |
| Formation costs paid by the owner | The owner pays the $300 formation and registered-agent fees from a personal card | Reported |
| Distribution | The LLC pays $6,000 of profit to the owner | Reported |
| Loan | The owner lends the LLC $5,000 and is repaid | Reported |
| Sale to an unrelated customer | A U.S. customer pays an invoice | Not a related-party transaction — not on Form 5472 |
The LLC earned little, but four related-party transactions happened, so the year is a filing year. Each amount comes from the bank statements.
Deadline, extension and how it is sent
The filing is due by the Form 1120 due date — 15 April of the following year for a calendar-year LLC. Form 7004 extends it, provided it is sent by that same date, to the same special fax or address.
A foreign-owned single-member LLC cannot e-file Form 5472: the pro forma Form 1120 with Form 5472 attached goes to the IRS by fax or by mail to the dedicated address in the Form 5472 instructions — not the usual Form 1120 addresses.
The instructions state a $25,000 penalty for not filing Form 5472 when due and in the prescribed manner, and a further $25,000 for each 30-day period once a failure continues more than 90 days after the IRS's notice.
Records to keep
- The LLC's bank statements for the whole year.
- Receipts for formation, registered-agent and annual fees, and who paid them.
- Any loan agreement or invoice between the LLC and the owner or a related company.
- The confirmation the fax or the mailing went out, with its date.
Not sure your year qualifies? The check asks the six questions that decide it.
Questions
Common questions
- Can I e-file Form 5472 for my single-member LLC?
- No. The instructions say a foreign-owned U.S. disregarded entity cannot file Form 5472 electronically: the pro forma Form 1120 with Form 5472 attached is faxed or mailed to the dedicated address the instructions give, not to the usual Form 1120 addresses.
- What do I write on the pro forma Form 1120?
- Only the LLC's name and address and two identifying items on page 1, with "Foreign-owned U.S. DE" written across the top. Form 5472 is attached. No income or tax is computed on it.
- I have no foreign tax ID. What goes in the owner's identification box?
- The instructions ask for the owner's foreign taxpayer identification number if there is one, and "None" or "N/A" if there is not; an owner with a U.S. identifying number enters it in its own box.
- We missed earlier years. What now?
- Each year with a reportable transaction has its own filing. How to bring earlier years in — and what to say about them — is a professional's call made from the bank records, not a reason to keep waiting.
See what your own LLC points to
Six short screens — ranges and choices, no EIN or passport. The result lists the federal filings your answers point to, what to check with your state, and what needs a specialist.
Check my U.S. LLCAuthorities cited
- Instructions for Form 5472 — Instructions for Form 5472 (Rev. 12/2024) — foreign-owned U.S. disregarded entities, the pro forma Form 1120, reportable transactions, filing by fax or mail, penalties
- Form 5472 — Form 5472 — Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business
- Form 1120 — Form 1120 — U.S. Corporation Income Tax Return (filed pro forma by a foreign-owned U.S. disregarded entity)
- Form 7004 — Form 7004 — Application for Automatic Extension of Time to File Certain Business Income Tax, Information, and Other Returns
- Treas. Reg. §1.6038A-1 — Treas. Reg. §1.6038A-1 — General requirements; a foreign-owned domestic disregarded entity is treated as a corporation for §6038A purposes
- IRC §6038A — IRC §6038A — Information with respect to certain foreign-owned corporations (penalty in §6038A(d))
Primary sources (Cornell Legal Information Institute for the US Code and CFR; IRS.gov for forms, procedures, and treaty documents). This page is general information, not individualized tax or legal advice.
Atamatax provides tax preparation support and educational resources. This website does not constitute legal or tax advice.